Electronic Signatures: Lawyers, Businesses, and Clients Look to the Future
This article discusses how the Law Offices of Spence | Brierley has incorporated electronic signatures into our practice to continue to meet and exceed our clients’ expectations.
A recent review of the analytics of our website reveals that 50% of visitors are using their mobile phones to read our website materials. This reflects the new reality that the majority of online browsing is now done on mobile phones. Likewise, more than 50% of all purchases online are now made using mobile phones.
Because of this widespread use of cellphones, more and more clients and businesses have started to expect easier ways to complete transactions on their cell phones or laptops. Such expectations have exploded in recent months because of mandated social distancing laws governments put in place. Many individuals either couldn’t or wouldn’t visit our office to sign documents during quarantine, preferring an easier way to sign documents. Because of changes in technology, there is no reason not to provide this to our clients through the use of e-signature or “e-sign” platforms.
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The future is here
In the early 2000s, both the Federal and Maryland governments enacted laws to permit the electronic signing of documents. The Federal Government enacted the ESIGN Act while Maryland enacted its complementary Maryland Uniform Electronic Transactions Act or MUETA. However, the world was slow to adopt the broad electronic signing privileges granted by both of these Acts. With changes caused by COVID, both law firms and clients have become more accustomed to — and trusting of — electronic transactions. Firms that do not adopt an e-signing platform to use with clients are short-changing their clients.
Help is Here
As part of our firm’s emphasis on technology, we previously adopted an e-signature platform for the convenience of our clients. Now, more than ever, other firms are looking to adopt such platforms. This blog post is designed to give you the information you need to understand and adopt an e-signature platform to use with your clients (or customers if you are a small business).
We have organized the following information for your law practice or business to move toward electronic instead of “wet ink” signatures. Information includes: (i) a PowerPoint presentation given by Mr. Spence on electronic signatures to the Maryland State Bar Association; (ii) Step-by-Step “how-to” instructions on sending documents for e-signature using Adobe Acrobat, Adobe Reader, and Eversign.com; (iii) Step-by-Step “how-to” instructions for clients on how to sign documents; and (iv) Step-by-Step “how-to” instructions for opposing counsel on how to reassign or delegate documents for their clients signature.
Presentation on Electronic Signatures (E-Sign)
Adam Spence developed the below program for the Maryland State Bar Association. He gave this presentation to introduce and assist law firms in implementing e-signatures. The presentation provides a comprehensive review of both Federal and Maryland law on e-signatures, a comparison of various e-signature platforms, and issues to consider when choosing one. It also provides some introductory how-to information on implementing electronic signatures. Although created for the legal profession, this presentation has broad applicability to businesses and individuals.
Instructions for E-Signing Using Adobe Acrobat
Adobe invented the portable document file (PDF) and now provides a heavily integrated e-sign platform in the form of Adobe Acrobat and Adobe Reader. Because of Adobe’s free Reader and the inherent portability of Acrobat, nearly everyone has used Acrobat at some point in their lives. Accordingly, the below handout provides information on the tools built-in to Acrobat to e-sign documents.
Instructions for Electronic Signatures (E-Sign) Using Eversign.com
At some point, you must choose an e-signature platform. Our firm chose Eversign.com because of its combination of pricing and features for our team of four attorneys and two paralegals. The below handouts instructions provide information on sending, signing, and delegating a document for signature using Eversign.com. (Note: Delegation is necessary where a party is represented an intermediary. In our case, documents on behalf of our clients are often signed by opposing parties represented by opposing counsel. Thus, it is necessary to send documents to opposing counsel and have them “delegate” the document to his or her client to sign.).
- [Instructions for User to Send Using Eversign]
- [Instructions for Clients to Sign Using Eversign]
- [How to Delegate / Reassign Signatures Using Eversign]
- [Instructions for Opposing Counsel to Send Eversign to Client]
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Additional Materials to Help You Work Remotely
“Working from home” generally entails the need to adopt paperLESS office strategies to be able to access files from different locations. The below materials provide useful information regarding software and hardware that will make your transition to a paperLESS office less painful and far more efficient. Although we generally prepared these materials for attorneys, the information has broad applicability to many small businesses.
- Acrobat 101 for Attorneys
- ScanSnap Set Up Instructions
- Principles for a PaperLESS office
- Using Acrobat to “print” documents
- Technology Purchasing Needs
- File Directory Management and Organization
- Printer & Scanner Information
What We Do as a Lawfirm
Adam Spence, practicing since 1995, has over 17 years of experience and expertise in remote and paperless office practices. Our firm uses a strategic and deliberative approach to resolve serious problems and anxieties facing our clients and the broader community.
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For instance, as part of our response to the COVID-19 pandemic, our firm produced a Resource Center for businesses to move their offices remotely to continue their businesses.
In addition, Adam Spence has given numerous presentations to the Maryland State Bar Association, the Maryland Association for Justice, and many other organizations and individuals, on remote office and business technologies over the past several months.
If you are involved in a legal dispute and would like to speak with an attorney, Adam Spence can be reached at adam@spencefirm.com or Garrett Brierley at garrett@spencefirm.com.
Spence|Brierley is committed to providing useful and up-to-date information for lawyers and businesses in the community. If you would like Spence|Brierley to give a presentation to your firm, business or organization on remote office or electronic signature technologies, please call our office at (410) 823-5003.